Personal Injury Archives - Atlanta Personal Injury Lawyer

Rideshare Accidents: What Passengers Should Know

February 21, 2023/in Car Accident, Personal Injury, Rideshare Accidents /by Ross Moore II

Rideshares are a common way to get around these days. Whether you’re heading to a concert in downtown Atlanta, getting home responsibly after a Braves game, or need a ride to work while your car is in the shop, the overall convenience of a rideshare is a great advantage. Anytime you get into a vehicle, either your own or a rideshare, there is the risk of an accident occurring. Rideshare accidents are indeed rising, so passengers need to be prepared.

Since 2022, the most popular rideshare companies have taken the responsibility to cover up to $100,000 in bodily injury per accident with a maximum of $50,000 per person, and $25,000 for property damage. If you’re injured by a rideshare while it is in use, your personal injury claim will most likely be brought to the rideshare company itself and not the driver’s insurance company.

Read on to learn more rideshare accidents and how Ross More Law’s Atlanta-area attorneys can help in the event of an accident.

Steps Passengers Should Take After Rideshare Accident

STEP 1: CALL 911

If you’ve found yourself in an accident involving a rideshare, as with any accident, the first thing to do is check yourself and other passengers for injuries. Make sure everyone is safe, identify any injuries, then call 911 to report the accident and get first responders to the scene as soon as possible if injuries are present.

STEP 2: GATHER EVIDENCE

Once the police and first responders have arrived at the scene, begin gathering evidence. The police will be collecting statements for the police report, so answer their questions and ask for the officer’s badge number and name for your records. Take photos and videos of your vehicle’s damage, the other driver’s vehicle, your injuries, the surrounding area, the location, and the road conditions.

STEP 3: WITNESS INFORMATION

Gather the names and contact information of the other individuals involved. If there are witnesses, get their names and contact information, so they can provide a witness testimony for your personal injury case.

As soon as you can, write down everything you remember from the accident, so you can accurately recall it later, like if you have to testify in court or discuss the facts with your insurance company.

Who is at Fault?

When determining fault in a rideshare accident, there are a few questions that must be answered, including:

Did the rideshare driver cause the accident?
Was the rideshare driver actively using the rideshare app when the accident occurred?
Were other parties involved that may have contributed to the accident?

An important piece of the puzzle is whether or not the rideshare was in use during the accident, since rideshare companies must insure their drivers while they’re working. This will determine whether or not the rideshare company can be held liable for damages.

Rideshare Insurance

Rideshare companies insure their drivers, so they are covered while on the job, but also require their drivers to have auto insurance of their own.

If the rideshare driver was using the app and waiting for the passenger or actively picking up or transporting a passenger, the rideshare company’s insurance policy should cover the damages if the rideshare driver was found at fault.

If the accident occurred while the rideshare app was not in use, the driver will likely have to turn to their personal insurance policy to cover the damages. If the accident was caused by another driver besides you and the rideshare, a vehicle malfunction, or a hazardous road condition, the fault will likely fall to the third party’s insurance policy.

Contact Ross Moore Law Today!

As rideshare options continue to increase in popularity, it’s important to know the risks and who is liable when an accident occurs. Let Ross Moore Law be your trusted team of attorneys in Atlanta when it comes to your personal injury case. We will fight for you in court and handle all the needs of your insurance company and the rideshare company to get the compensation you deserve.

Looking for a local personal injury attorney to handle your case? Our team at Ross Moore Law is eager to put our experience to work for you. Call us today or book a free consultation online!

Conveniently located in the heart of Atlanta, GA, we are proud to serve clients throughout the surrounding areas of Athens, Alpharetta, Peachtree Corners, Marietta and more! In addition to Georgia clients, we welcome Tennessee clients as well! Get in touch today.

Attorney Ross Moore and our personal injury team handle a wide range of personal injury cases, including:

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What is a Black Box and How Can it Impact My Accident Case?

February 16, 2023/in Personal Injury /by Ross Moore II

Did you know most vehicles are equipped with a black box that records information about your car when it gets into an accident? These data event recorders in your car can be helpful for your personal injury case, especially when you’re trying to corroborate the events of an accident.

If you’ve been in an accident, call on Ross Moore Law right, your dedicated, metro-Atlanta legal team, to help you navigate the many aspects of your case, including the data recorded by your vehicle’s black box.

Read on to learn more.

Black Box 101

A black box, also known as a data event recorder, is an onboard computer in your vehicle that records data from an accident. The data found in the black box following an accident includes the speed your vehicle was traveling at prior to the collision, the vehicle’s steering angle, whether or not seat belts were in use, deployment of airbags, the use of brakes during the collision, and the number of accidents the vehicle has been in prior to the one being investigated.

The data found in the black box helps experts to reconstruct an accident and get an idea of the details of the event. It’s important to obtain this information as soon as possible following an accident to ensure it does not get taped over.

Accident Reconstruction

Accident reconstruction is when experts reconstruct the events that caused the accident to take place. These experts use physics, vehicle dynamics, math, photogrammetry, and various computer applications to understand the mechanics and circumstances of your accident.

Accident reconstruction can help answer questions like how fast the vehicle was going, how much it slowed down, and even the angle of the involved vehicles upon impact. It is a full investigation into your accident to analyze the causes and events that took place.

The Importance of an Expert Witness

An expert witness can be an essential part in establishing liability in your personal injury case. They help provide proof of damages and corroborate stories given by the drivers involved.

If there were third-party witnesses present to the accident, their account of the accident will be used to help understand who is at fault. Expert witnesses can also include accident reconstruction experts, car mechanics, and human factor experts who all can help determine liability through their specific knowledge and expertise.

Other fact witnesses to help determine the liability are damage experts. These experts provide insight on the costs of the accident, both financial, physical, and emotional. These experts can include medical experts for understanding treatment plans and costs, vocational experts to understand how this will impact their future work, an economist to provide a projection on lost wages, and a life care planner if the accident victim suffered life-altering injuries.

Contact Ross Moore Law Today!

The data retrieved from black boxes, accident reconstruction, and expert witnesses can help you build a strong case to get you the compensation you deserve. The good news is you don’t have to do it alone. The trusted, Atlanta-area attorneys at Ross Moore Law are here to fight for you in the courtroom.

Looking for a local personal injury attorney to handle your case? Our team at Ross Moore Law is eager to put our experience to work for you. Call us today or book a free consultation online!

Conveniently located in the heart of Atlanta, GA, we are proud to serve clients throughout the surrounding areas of Athens, Alpharetta, Peachtree Corners, Marietta and more! In addition to Georgia clients, we welcome Tennessee clients as well! Get in touch today.

Attorney Ross Moore and our personal injury team handle a wide range of personal injury cases, including:

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My Airbags Did Not Deploy. Who is At Fault?

February 6, 2023/in Car Accident, Personal Injury /by Ross Moore II

Drivers expect their airbags to be a reliable safety measure in the event of a collision. What if you’re commuting to your job in Buckhead, get in a car accident, and your airbags do not deploy? Airbag deployment malfunction? What happens if you sustain an injury from this accident? Who is at fault?

You may be wondering if you have a case in this scenario. The Ross Moore Law Atlanta-based legal team is here to navigate the details of your accident and fight for your case in court. Read on to learn more about who is at fault when an airbag doesn’t deploy.

When are Airbags Supposed to Deploy?

While a small fender bender doesn’t usually deploy the airbags, they should deploy in moderate to severe accidents. Deployment of the airbags depends on the speed of the vehicle upon collision, the direction of the impact, other types of vehicles involved in the accident, where a vehicle’s crash sensors are located, and the car’s airbag system design.

All of these details will differ depending on the accident, so it’s important to have a knowledgeable legal team by your side. They will work through the details of your case to help you demonstrate in court that the airbags failed to deploy.

What Prevents Airbags from Deploying?

Having a faulty airbag can be dangerous, but we often don’t know we have a faulty airbag until it malfunctions in an accident. There are several different reasons that an airbag might not deploy, and they can be an important factor in determining who is at fault for your faulty airbag.

Defective Crash Sensors

Your vehicle is designed with crash sensors. If your car is struck at the location of the sensor and the airbag does not deploy, this could be a sign of a defective crash sensor. This could be a result of inadequate sensor testing by the manufacturer, an airbag deployment threshold that’s not accurately calculated, or a lack of sensors.

Computer Activation Failure

Your car sends a signal from the crash sensors to your vehicle’s electrical control center that tells the airbags to deploy. If it’s determined that your crash sensor does work, it may be a computer activation failure that resulted in the airbags not deploying.

Airbags Need Replacing

If your airbags have been deployed in a previous crash, are old, damaged, or you have a missing airbag, the airbags will fail to deploy in a severe accident.

Flawed Design or Manufacturing Issue

This could be a result of poor quality control on the manufacturer’s end or a flawed design that results in faulty airbag deployment.

Gathering Evidence and Proving Liability

It’s important to start with gathering statements from experts, such as medical professionals, engineers, or product designers. These expert testimonies will be able to attest to your injuries and the design of the car and airbag system.

Be sure to take photos of the accident scene, your injuries, and where the airbag neglected to go off. Keep track of all of your medical expenses. Obtain information from witnesses and other drivers involved and write down everything you can remember about the accident.

All of these details will help you and your Atlanta-area legal team build a case and get you the compensation you deserve.

Contact Ross Moore Law Today!

We understand that the Atlanta roads are challenging enough without unexpected mishaps being thrown your way. In the event that your airbags don’t deploy when you’ve been in a serious accident, contact our team here at Ross Moore Law. We’re here to fight for what you deserve.

Looking for a local personal injury attorney to handle your case? Our team at Ross Moore Law is eager to put our experience to work for you. Call us today or book a free consultation online!

Conveniently located in the heart of Atlanta, GA, we are proud to serve clients throughout the surrounding areas of Athens, Alpharetta, Peachtree Corners, Marietta and more! In addition to Georgia clients, we welcome Tennessee clients as well! Get in touch today.

Attorney Ross Moore and our personal injury team handle a wide range of personal injury cases, including:

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How “Duty of Care” Affects Negligence Claims

February 1, 2023/in Personal Injury /by Ross Moore II

People and places of business have a responsibility to act with care towards one another. When you’re spending time in your favorite metro-Atlanta establishments and you’re injured due to the negligence of that responsibility of care, you may be able to recover damages.

When you’re injured by the negligence of another person or business, you may have a valid personal injury claim, but the duty of care must first be established. At Ross Moore Law, our trusted Atlanta-area legal team is here to guide you through your personal injury claim.

Read on to learn more.

What is “Duty of Care?”

The duty of care is defined as a legal obligation placed on an individual, business, or other entity, that requires them to fulfill a standard of reasonable care when performing any act that could potentially cause harm.

To proceed in a personal injury case, your attorney will need to prove that the responsible party breached their duty of care, resulting to your injury.

Types of Duty of Care

There are four different types of duty of care, and in your personal injury case, you will have to prove that one of these four levels of duty have been breached.

Duty to Refrain from Intentional Injury

If you’re injured without justification or reason, or the injury is believed to be intentional, you may have a personal injury case on your hands. For example, if you get punched for what seems to be an unknown reason and your nose gets broken, you could be able to recover damages from this incident.

Duty to Refrain from Negligent Behavior

If a person or place of business creates a preventable risk in a scenario where a risk wouldn’t normally be present, this would constitute as negligent behavior. For example, if a restaurant employee spills a drink, walks away without cleaning it up or using signage to alert customers of the wet floor, and a customer slips, this could be considered negligence.

Duty to Refrain from Reckless Behavior

People and businesses, including first responders, are expected to act with safety and regard for others when performing their work, especially in emergency situations. For example, if you’re involved in an accident caused by a police officer speeding and running red lights with a disregard for others’ safety, you may be able to prove recklessness in a personal injury case.

Strict Liability

Strict liability typically applies to manufacturing defects in products. If someone is injured because of a product defect or by using the product in the way it was intended to be used, the manufacturer is liable without proof of negligence. For example, if you purchase a lawnmower, and it catches fire when you turn it on for the first time, leaving you burned, the fire itself is enough proof that the manufacturer breached its duty of care.

Who Has Duty of Care and its Limits

There are many different situations where a certain role requires a duty of care. Those roles include employers, property owners, drivers, manufacturers, first responders, and even pharmacists. All of these roles require providing a duty of reasonable care for the safety of their patrons, employees, visitors, patients, and customers.

While there is almost always a duty of care to uphold, there are limits to the types of accidents and injuries someone can be held responsible for.

Foreseeability

If an accident or injury occurs due to a hazard, it must be proven that the risk was foreseeable. The danger at hand would need to be seen as predictable to prove a duty of care was breached.

Reasonableness

If the risk was foreseeable, then the party could be legally responsible for taking reasonable measures to prevent the risk from causing injury.

Calculation of Risk

In some cases, the court can weigh preventative measures against the probability of an injury or accident occurring due to negligence. The court may even look at standard practice in similar scenarios and the availability of precautions.

If You Need a Personal Injury Lawyer Near Atlanta, GA, Contact Ross Moore Law Today!

If you’ve been injured due to a breach in a party’s duty of care, Ross Moore Law is here for you. Our metro-Atlanta team of dedicated attorneys will fight for you in the courtroom and help you get the compensation you deserve.

Our team at Ross Moore Law is eager to put our experience to work for you. Call us today or book a consultation online!

Conveniently located in the heart of Atlanta, GA, we are proud to serve clients throughout the surrounding areas of Athens, Alpharetta, Peachtree Corners, Marietta and more! In addition to Georgia clients, we welcome Tennessee clients as well! Get in touch today.

Attorney Ross Moore and our personal injury team handle a wide range of personal injury cases, including:

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Misdiagnosis, Overdiagnosis, & Other Diagnostic Errors Can Be Medical Malpractice, Here’s How…

January 13, 2023/in Medical Malpractice, Personal Injury /by Ross Moore II

We go to the doctor to get professional care and trust they are the expert on your symptoms. Have you recently gone to the doctor and received a diagnosis, but think something doesn’t seem right? There’s a chance you could be correct.

Even the most skilled medical professional can make a diagnostic error, which can lead to wasted time and money. Read on to learn more about common diagnostic errors and how Ross Moore Law can fight for you if you or a loved one has experienced a diagnostic mistake.

The Most Common Diagnostic Errors

A diagnostic error is a diagnosis that is missed, wrong, or delayed, ultimately resulting in additional testing to determine what’s causing your symptoms. There are a few different types of diagnostic errors that a medical professional may make. Protect yourself and your health by familiarizing yourself with the different types.

Delayed diagnosis: A delayed diagnosis is when your doctor diagnoses you correctly, but it took a long time for you to finally receive a diagnosis. In the case of a delayed diagnosis, there is the chance that an illness or disease has progressed further than it would have if it was caught earlier.
Failed to recognize complications: This is when your doctor has correctly diagnosed you but failed to note factors that could complicate or aggravate the illness. This could include your medications, your medical history, or your lifestyle.
Failed to diagnose related disease: This error occurs when you have received a correct diagnosis, but your doctor failed to detect a disease related to the diagnosis you received. This leads to more testing to continue exploring your symptoms.
Failed to diagnose unrelated disease: This is when you’ve received your diagnosis, but an unrelated disease goes undiagnosed by your doctor. Once again, this can lead to more testing to determine the cause of your symptoms that are still present.
Missed diagnosis: A missed diagnosis is when you receive a clean bill of health, despite the fact that you’re suffering from an unknown illness. When you visit your doctor, discuss any symptoms you’ve had since your last appointment, even if you’re not experiencing them at that time.
Misdiagnosis: This type of error occurs when your doctor gives you an incorrect diagnosis. This could be caused by cognitive errors or misreading a test or lab result.
Overdiagnosis: This is when your doctor detects an abnormality, but the diagnosis of this abnormality does not benefit the patient, as it will never cause symptoms or worsen. This could potentially lead to unnecessary treatment.

When are Diagnostic Errors Considered Malpractice?

Many malpractice lawsuits are based on a failure to diagnose or misdiagnosis claim. While those diagnostic errors are not necessarily considered malpractice on their own, they could lead to malpractice, such as improper medical care, delayed medical care, or no medical treatment. When a diagnostic error leads to the progression and worsening of an illness, a malpractice suit may be the right choice

What to Do If You Have Suffered a Diagnostic Error

If you suspect you’ve received a misdiagnosis or other diagnostic error, trust your gut and seek out an opinion from another physician. Be sure to keep all of your paperwork, medical records, bills, receipts, and documentation of missed work due to your illness. These pieces of evidence can help you when it comes to taking legal action.

Lastly, contact an experienced medical malpractice attorney, like Ross Moore Law, to navigate your case. You deserve compensation for what you’ve been through, and they can help you build your malpractice lawsuit and fight for you in the courtroom.

Contact Ross Moore Law Today!

When seeking medical attention, we are always hoping to find the best care and an answer to our health problems. Sometimes, even more issues can arise when you seek help from a medical professional. If you or someone you know has been a victim of medical malpractice, Ross Moore Law is here to help.

Looking for a local personal injury attorney to handle your case? Our team at Ross Moore Law is eager to put our experience to work for you. Call us today or book a free consultation online!

Conveniently located in the heart of Atlanta, GA, we are proud to serve clients throughout the surrounding areas of Athens, Alpharetta, Peachtree Corners, Marietta and more! In addition to Georgia clients, we welcome Tennessee clients as well! Get in touch today.

Attorney Ross Moore and our personal injury team handle a wide range of personal injury cases, including:

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Truck Accidents and Drowsy Driving: How to Stay Safe

January 12, 2023/in Personal Injury, Truck Accidents /by Ross Moore II

Staying alert and focused as a driver may seem like a no brainer, but anyone is susceptible to feeling drowsy behind the while. After long days on the road, it’s important to get rest instead of pushing through your exhaustion to finish the trip. It’s time to wake up to the dangers of drowsy driving, so keep reading to learn more about how to stay safe on the road.

Staying Awake for Your Safety

When you drive for a living, a good night’s rest is important, so it’s necessary to understand the warning signs of drowsy driving to help keep yourself safe. Not sleeping for 24 hours can resemble the effects of a 0.10% blood alcohol content level, which is above the legal limit.

Warning signs of drowsy driving can be frequent blinking, yawning, struggling to keep your head upright, nodding off, missing road or exit signs, hitting rumble strips, or “zoning out” for miles at a time.

So, how can truck drivers properly address the correlation between truck accidents & drowsy driving. Well, first ensure you’re feeling your best on the road and simply follow these few tips:

Get seven to nine hours of sleep
Optimize your sleeping environment and schedule for your best sleep
Avoid alcohol, painkillers, or sleeping aids
Try to avoid peak drowsiness times for other drivers

Truck Accidents & Drowsy Driving: What to Do If You Start Falling Asleep

If you begin to experience any of the warning signs of drowsy driving, it’s important to know what to do.

First: For your safety, stop driving as soon as possible. Pushing through the last leg of your trip isn’t worth compromising your safety.

Two: Pull into the next rest stop for a power nap or as long as you need to rest. Having a cup of coffee or other caffeinated drink may seem like a good idea, but it is just a quick fix.

Taking a break and getting some sleep is the best way to handle drowsy driving and reduce the safety risks on the road.

Contact Ross Moore Law Today!

Drowsy driving behind the wheel of a commercial motor vehicle can potentially cause a serious accident. If you or someone you know has been injured due to a drowsy driver, Ross Moore Law is here to help.

Looking for a local personal injury attorney to handle your case? Our team at Ross Moore Law is eager to put our experience to work for you. Call us today or book a free consultation online!

Conveniently located in the heart of Atlanta, GA, we are proud to serve clients throughout the surrounding areas of Athens, Alpharetta, Peachtree Corners, Marietta and more! In addition to Georgia clients, we welcome Tennessee clients as well! Get in touch today.

Attorney Ross Moore and our personal injury team handle a wide range of personal injury cases, including:

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How Not Wearing a Seatbelt Affects a Personal Injury Claim

January 10, 2023/in Car Accident, Personal Injury /by Ross Moore II

It’s a known fact that seatbelts increase your safety when riding in the car, but what happens when an accident occurs, and you don’t have yours on? Just how important is a the fact that you were not wearing a seatbelt during a claim? Unquestionably, more important than most give it correct.

With accident claims, whether or not you were wearing your seatbelt will come into play. If you were found not wearing your seatbelt, it could significantly impact your compensation, even if you weren’t at fault. Reach out to Ross Moore Law, if you need assistance following your accident. We’re here to help!

Seatbelt Safety 101

Wearing a seatbelt greatly decreases the risk of fatal and moderate-to-critical injuries in a car accident. Seatbelts can also significantly decrease your risk of being ejected in a severe accident.

It’s important to know the proper way to wear a seatbelt to ensure your safety. The shoulder strap should be pulled tight yet comfortable across your shoulder and chest. The lap belt should be pulled snug across your hips and fastened tightly. Do not wear the shoulder strap under your arm or behind your back, as this can increase your risk of injury.

How Can Not Wearing a Seatbelt Hurts Your Case? You May Get Less Compensation

Just how importance is your seatbelt in a personal injury claim, it’s a matter of getting all your money or not.

You could possibly get way less than you hope in an accident claim when the court learns you failed to follow the law. In general, the insurance company will do all they can to avoid paying you the max, but you give them valid grounds when they present that you didn’t follow proper traffic laws.

Indeed, while you may not receive full compensation, there is still potential to recover damages for your claim.

Furthermore, not only is failing to wear a seatbelt against the law, but it can also cause more severe injuries that could have been avoided with a properly worn seatbelt.

Just because you weren’t wearing a seatbelt doesn’t mean you can’t file a personal injury claim. At the end of the day, you still endured injuries that would not have occurred if the other driver did not hit you.

While the judge may not grant you the fullest amount of compensation you want, there is still potential for you to be compensated for your claim. We encourage you to reach out to our legal team here at Ross Moore Law to see how we can help.

Understanding the Comparative Negligence Principle: What is it?

Comparative negligence is defined as a system used by the court to reduce the amount of damages a plaintiff can recover in a negligence-based case. For example, if you, the plaintiff, are considered partially at fault for not wearing a seatbelt, the judge may assign a percentage of the fault to you, leading to a lower compensation.

It is up to the judge or the jury to determine the comparative negligence in your case, based on the circumstances of the accident.

Contact Ross Moore Law Today!

Looking for a local personal injury attorney to handle your case? Our team at Ross Moore Law is eager to put our experience to work for you. Call us today or book a free consultation online!

Conveniently located in the heart of Atlanta, GA, we are proud to serve clients throughout the surrounding areas of Athens, Alpharetta, Peachtree Corners, Marietta and more! In addition to Georgia clients, we welcome Tennessee clients as well! Get in touch today.

Ross Moore Law has experience handling the following types of personal injury cases:

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What is the Burden of Proof? Personal Injury Lawyer Explain

December 30, 2022/in Atlanta Georgia, Personal Injury, Tips & Hints /by Ross Moore II

When you’ve been in an accident, it’s important to know what you need in order to be properly compensated for your injuries and damages. At Ross Moore Law, we’re dedicated to providing the burden of proof in your case to ensure you get the compensation you deserve.

What is the Burden of Proof?

In personal injury law, the burden of proof is the “preponderance of the evidence.” Both criminal and civil cases require a burden of proof. For personal injury cases, the burden of proof is how the injured party convinces the judge or jury that “more likely than not” their version of the event is accurate.

In personal injury cases, the plaintiff, or injured person, must prove that what happened is “more likely than not” accurate instead of being proved “beyond reasonable doubt,” which is what is heard in criminal cases.

Who Has the Burden of Proof in a Personal Injury Case?

In a personal injury case, the plaintiff is who brings evidence against the defendant, so it’s the plaintiff who has the burden of proof. The plaintiff and their legal team bring in testimonies, evidence, and carefully crafted arguments to prove their side of the story is the accurate version.

The plaintiff’s attorney will present their proof in a convincing argument, and hopefully, meet the judge’s and jury’s standard for the burden of proof. This is where your attorney will present proof of medical treatment, lost wages, suffering, incident or accident reports, and more to the judge and jury.

Why Does the Burden of Proof Matter?

The burden of proof is an important aspect of getting the compensation you deserve for your pain and suffering. Imagine if someone was accusing you of something you didn’t do. You would gather evidence of your alibi, work schedule, and maybe even phone records and location if you knew that would prove you were not involved.

The burden of proof is you and your legal team’s way of painting the picture of the incident to make sure your truth gets told accurately. Your case is important to you, especially when you’ve had to deal with missing work, pain, medical treatment, or depression. You deserve a team who is going to fight for you.

Need a Good Atlanta Personal Injury Attorney, Choose Ross Moore Law Today!

Understanding the ins-and-outs of personal injury law can be confusing, but that is why our professional lawyers at Ross Moore Law are always willing to help. Attorney Ross Moore and our legal team will walk with you every step of the way to make sure you know what is happening in your case.

Looking for a local personal injury attorney to handle your case? We’re eager to put our experience to work for you. Call us today or book a free consultation online!

Conveniently located in the heart of Atlanta, GA, we are proud to serve clients throughout the surrounding areas of Athens, Alpharetta, Peachtree Corners, Marietta and more! In addition to Georgia clients, we welcome Tennessee clients as well! Get in touch today.

Ross Moore Law has experience handling the following types of personal injury cases:

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How Do Seniors Know They are Being Abused?

December 14, 2022/in Nursing Home Abuse, Personal Injury /by Ross Moore II

Visiting your elders during the holidays is a special time for your family, and for some, it’s one of the few chances you get to enjoy a visit with them. While spending this cherished time with family, elderly abuse is the last thing you want to think about.

Often, seniors may be embarrassed to speak about it or not be aware of what might be considered abusive behavior. It may not always be easy to identify signs of abuse in seniors, but it’s important to know the signs to ensure your loved one is safe, comfortable, and dignified in their living environment.

So, what are the signs of elder abuse? We’re here to help you navigate the potential warning signs, so your family members can live safely and happily in assisted living or a nursing home.

Why Elders Don’t Know or Communicate Their Abuse

Many may think that the individual being abused will be able to identify or report abusive behaviors, but that is often not the case. There are many reasons a senior may not report abuse or be able to discuss the problem. Those reasons may include:

– Physical or cognitive declines inhibiting ability to communicate effectively

– Fear of the abuser retaliating

– A dependence on the abuser to provide basic needs like bathing or giving medication

– Fear of shame, self-blame, or getting the abuser in trouble

– No one to share information with or not sure how to report the abuse

Signs of Abuse

Identifying and reporting signs of elderly abuse often falls on family members, so it’s important to know the signs to look for to help advocate for your loved one and stop the abuse.

Physical abuse: Physical abuse can be identified as broken bones or fractures, broken possessions, bruises or welts, social withdrawal, or appearing on edge. While older individuals are more prone to trips and falls, injuries due to a fall and injuries due to abuse can be differentiated by a healthcare professional.

Sexual abuse: Sexual abuse can be identified by blood found on clothing or linens, changes in behavior, especially around certain people, bruises near genitals or breasts, torn or stained underwear, social withdrawal, angry outbursts, unexplained STIs, and vaginal or anal bleeding. Sexual abuse includes any kind of unwanted sexual interaction.

Financial abuse: Financial abuse involves the abuser manipulating the elderly individual into giving them access to their finances. Unfortunately, financial exploitation can be a common occurrence in senior living facilities. If you notice any missing money or belongings, this may be a sign that financial abuse is occurring.

Emotional abuse: Emotional abuse can be identified as the individual being fearful of being alone, behavioral changes such as social anxiety and loss of self-confidence, refusing medication, choosing not to eat, and repetitive actions such as mumbling or rocking back and forth. If you notice a sudden onset of these behaviors or your loved one is exhibiting several of the signs mentioned, this could indicate emotional abuse.

Elder neglect: Signs of elderly abuse can simply be neglect. Acts of neglect involves the failure to meet a senior’s basic needs or keeping them out of harm’s way. This may look like failing to provide food, water, shelter, or proper medical care, as well as failing to protect the senior from falling, eloping, or overdose, for example. Family members may notice soiled or dirty clothing, unsanitary living conditions, abandonment, weight loss, dehydration, or the appearance of having too much or too little medication.

How to Help Your Elderly Family Member

When your loved one is living in a senior care community, we know their comfort and safety is your main concern. If you’re concerned for their well-being or notice signs of abuse, there are ways to help your loved one in a way that protects them and their dignity.

If your family member can’t remember how an injury occurred or if it is suspected that proper care has not been provided, you may be able to file a lawsuit for compensation for pain and suffering and cover any medical costs involved. Once you notice the signs of elderly abuse, it’s best to get an attorney if you suspect abusive behavior in your family member’s living facility. They can provide the resources and guidance to help you report the abuse to proper authorities and ensure your loved one’s rights are protected.

Reporting Elderly Abuse:

If this is an emergency,

Call 9-1-1 for immediate help

For non-life-threatening emergencies, here are resources to report elderly abuse:

National Elder Fraud Hotline
1-833–FRAUD–11
(or 833–372–8311)
10AM – 6PM Eastern Time
Monday – Friday
Eldercare Locator helpline
1-800-677-1116

Seeking a Trusted Elderly Abuse Attorney, Ross Moore Law Can Help!

Visiting your loved ones who are in a senior living community should be full of happy memories and a highlight of your holiday season, but sometimes, your loved ones need your help more than ever. Attorney Ross Moore is always ready to guide you through the legal process and help your family members who may be experiencing nursing home abuse.

Looking for a local personal injury attorney to handle your case? Our legal team at Ross Moore Law is eager to put our experience to work for you. Call us today or book a free consultation online!

Conveniently located in the heart of Atlanta, GA, we are proud to serve clients throughout the surrounding areas of Athens, Alpharetta, Marietta, and more! In addition to Georgia clients, we welcome Tennessee clients as well! Get in touch today.

Attorney Ross Moore and our personal injury team handle a wide range of personal injury cases, including:

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